Chapter 152
2010 -- H 7691 SUBSTITUTE A
Enacted 06/25/10
A N A C T
RELATING TO
BUSINESSES AND PROFESSIONS - DESIGN PROFESSIONALS
Introduced By: Representative Michael J. Marcello
Date Introduced: February 25, 2010
It is enacted by the General
Assembly as follows:
SECTION 1. Title 5 of the General Laws entitled
"BUSINESSES AND PROFESSIONS"
is hereby amended by adding thereto the following
chapter:
CHAPTER
84
DIVISION
OF DESIGN PROFESSIONALS
5-84-1.
Short title. – This chapter shall be known and
may be cited as “The Division of
Design Professionals Act.”
5-84-2.
Division of design professionals. – There has
been created within the department
of business regulation, a division known as the division
of design professionals.
5-84-3.
Division membership. – The division consists of
the membership of the board of
registration for professional engineers, board of registration for
professional land surveyors,
board of examination and registration of architects, and
the board of examiners of landscape
architects.
5-84-4.
Suitable quarters. – The department of business
regulation shall provide suitable
and adequate space for the division.
5-84-5.
Imposition of fines for unregistered activity. – (a)
In addition to any other
provision of law, if a person or business practices or offers
to practice architecture, engineering,
land surveying, or landscape architecture in the state
without being registered or authorized to
practice as required by law, the boards within the division
may recommend that the director of the
department of business regulations issue an order imposing a
fine; provided, however, that this
section shall not apply to issues between the boards referred
to in subsection (a) of this section as
to the scope of a board registrant’s authority to engage
in work relating to another board’s
jurisdiction or to issues relating to ISDS designers licensed by
the department of environmental
management.
(b) A fine ordered
under this section may not exceed two thousand five hundred dollars
($2,500) for each offense. In recommending a fine, the board shall set the
amount of the penalty
imposed under this section after taking into account factors,
including the seriousness of the
violation, the economic benefit resulting from the violation,
the history of violations, and other
matters the board considers appropriate.
(c) Before
recommending that a fine be order under this section, the board shall provide
the person or business written notice and the opportunity
to request, with thirty (30) days of
issuance of notice by the board, a hearing on the record.
(d) A person or
business aggrieved by the ordering of a fine under this section may file an
appeal with the superior court for judicial review of the
ordering of a fine.
(e) If a person of
business fails to pay the fine within thirty (30) days after entry of an
order under (a) of this section, or if the order is stayed
pending an appeal, within ten (10) days
after the court enters a final judgment in favor of the
board of an order appealed under (d) of this
section, the board shall notify the attorney general. The
attorney general may commence a civil
action to recover the amount of the fine.
SECTION 2. This act shall take effect upon passage.
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LC01844/SUB A/2
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